Wednesday, October 23, 2013

“UN Secretary General Ban
Ki-moon on Monday transmitted a recommendation to the General Assembly during
its 68th session seeking advisory opinion from the International Court of
Justice (ICJ) over legal consequences of prolonged occupation of Palestine if
diplomacy fails.
This was one of recommendations contained in a
report by Richard Falk, the Special Rapporteur on the situation of human rights
in the Palestinian territories occupied since 1967, in accordance with a Human
Rights Council resolution.
Falk recommended that "if current diplomacy
fails to produce a solution to the underlying conflict," the Assembly
should "request an advisory opinion from the International Court of
Justice as to the legal consequences of the prolonged occupation of
Palestine." The ICJ already ruled in 2004 that the Israeli separation wall
in the West Bank was illegal and "tantamount to annexation." The
ruling did not deter Israel from continuing with its construction.
Falk also recommended that Israel "cease
expanding and creating settlements in occupied Palestine, start dismantling
existing settlements and returning its citizens to the Israeli side of the
Green Line and provide appropriate reparations for the damage due to settlement
and related activity since 1967." He recommended, in this regard, that
Belgium and France, owners of Dexia Group, a financial firm active in retail
and commercial banking, asset management and investor services, compensate
Palestinians who have been directly affected by the settlements to which
subsidiary Dexia Israel has provided mortgages or grants to Israeli settlers.
He urged the firm to act based on the "Guiding Principles on Business and
Human Rights.
"Belgium and France have an explicit duty to
take appropriate action in the face of human rights abuses, including
activities of its subsidiary, Dexia Israel, that support the growth of
settlements. By failing to do so, these States are not fulfilling their duties
under human rights treaties," Falk stressed.
He also recommended that Israel immediately end
its discriminatory policies and practices that serve to deny Palestinians their
rightful share of water resources in the West Bank and the Gaza Strip.
"In particular," he urged, "Israel
must cease the demolition of water collection facilities, including wells and
water tanks, on the pretext that they operate without validpermits."”